Sunday 10 November 2013

Ex Zenith bank Staff, Gerald Esogwa sues Zenith Bank Over Alleged Harassment.


 
Gerald Esogwa, a 40-year-old former Deputy Manager of the Allen Avenue Branch of the bank on Friday dragged Zenith Bank Plc to the National Industrial Court in Lagos over alleged harassment.

Esogwa worked with Zenith Bank from November 8, 2004 to July 18, 2008.

His Counsel, Mr F.I. Oguntuase, alleged that Zenith Bank refused to provide a letter of reference to his client's subsequent employers after he resigned from the bank.

Oguntuase told the court that as a result, his client had been unable to find employment.

However, Esogwa during cross-examination by the defence told the court that his appointment as Branch Manager of the Allen Avenue Branch of Oceanic Bank was terminated because of Zenith Bank's refusal to write a letter of reference for him.

But Counsel to Zenith Bank, Mr Anthony Eze, said that "the claimant did not comply with the terms of his letter of offer of employment".

Eze said it was as a result of Esogwa's non-compliance with his contract of employment that Zenith Bank did not write a reference letter to Oceanic Bank.

He told the court that Esogwa did not pay the bank his one month salary in lieu of notice when he resigned from the bank after he got another offer of employment from Oceanic Bank.

The counsel alleged that Esogwa was sacked from Oceanic Bank because of the restructuring in the banking sector as directed by the Central Bank of Nigeria in 2009.

Eze said that Esogwa's sack was not because there was no reference letter from Zenith Bank.

He also alleged that on July 14, 2008 when Esogwa accepted employment with Oceanic Bank, he was still in Zenith Bank's employment, although Esogwa also tendered his resignation from Zenith Bank on July 14, 2008.

Responding to the allegations by the defence, Esogwa told the court that he did not pay his one month salary in lieu of notice because he expected Zenith Bank to deduct the amount from his entitlements.

"There is no part in my letter of engagement that states that I should pay the one month in lieu of notice immediately," he stated.

The case was adjourned to January 13, 2014 for further hearing.

Do you think he has a case or stands a chance of winning the lawsuit?

18 comments:

  1. Heshpuld wise up and use his energy and money to start a business rather than this fruitless litigation cos he doesnt stand a chance.

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    1. I laugh hysterically whenever i hear very ignorant people tell others to "wise up". Your comment truly confirms why you are not and will never be a good lawyer.

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  2. Can a grasshopper bring down an elephant?

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    1. Really?....Well I know that any graduate from a good school (or any reasonable illiterate) should know that it is not by size but by the merits of his case

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  3. Haba... may God be the judge! and may whoever is the victim win the case!

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  4. The man has a VERY good case, all the while they refused to reference him did they tell him why they couldn't reference him? He that is down needs fear no fall. Ride on Gerald,

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    1. I totally agree with you.

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    2. Esogwa did not pay the bank his one month salary in lieu of notice when he resigned from the bank that's'the reason for not writing a référence letter on his bhelaf to oceanic..abi u no read am?@Chinwe

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    3. @Diva, as the expert reader, did you read that paying one month salary isnt the only option? Esogwa can only be in the wrong if and only if his zenith bank offer letter states expressly that the one month pay is the only option with regards to resignation. I believe you've been in the corporate world long enough to know that no offer letter has that.

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  5. No harm in trying he has nothing to loose and evrything to win.

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  6. As a DM he must have slaved and swaeted for the bank so its not fair to leave him hanging, the bank needs to have a human face seriously

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  7. Can you owe a bank and they let you sleep?

    Do you know the letters they write you and sometimes send their marketers to do cash picks in your office(embarrassing you further)?

    If Esogwa truly owed Zenith bank, how come they never wrote him? Did you hear about any such letter in the article?

    When you owe money in your current account but have some money in your savings account, doesnt the bank apply set-off to wipe your debt?

    If the young man had benefits, why didnt the bank apply their usual "set-offs" or they were asleep and forgot right?

    If Esogwa didnt have benefits, why was he not notified of his indebtedness? Or did i skip that in the article?

    Esogwa has put in a couple of years in the bank and ought to have entitlements. When you resign without the usual one month notification, the bank ought to pay you your net entitlement(deducting whatever they think you owe them like housing loans, car loans, one month salary etc). That is called SET-OFF!!!!

    The application of the right of SET-OFF is not and should never be selective.

    I pray God to restore the sight of many blind Nigerians(rich or poor) so they will be in a position to see, recognize and stand up against corporate bullying.

    A journey of a thousand miles begins with a step. Good luck Esogwa. You are courageous!!!

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    1. I need to give a plate of kolaa nut for this ur analyss, as for Esogwa pls more grease to ur elblow cos it takes a man to challenge a giant and like David u will knock down Goliath with a sling

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  8. Its really gud to know one's rights.his lawyer must have seen he has a good case.

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  9. Exactly. He can't just wake up for lack of somethng to do and sue zenith, there must be some leverage his lawyer can use

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  10. Zentih bank pls kindly settle this man. What kind of wickedness is this? Banks are fund of withholding or delaying people's reference letters. And its the staff that do these things,u guys sholdnt forget that zenith is not ur father's bank,u will also resign one day. Karma is waiting is waiting!!

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